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A00369 Summary:

BILL NO    A00369A

SAME AS    No same as 

SPONSOR    Dinowitz (MS)

COSPNSR    Hikind, Galef, Roberts, Hooper, Weprin, Montesano

MLTSPNSR   Arroyo, Cook, Crespo, Gottfried, Ramos, Robinson, Weisenberg

Add S391-s, Gen Bus L

Enacts the truth in lockout and locksmith services act.
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A00369 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        369--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced by M. of A. DINOWITZ, HIKIND, MAISEL, GALEF, ROBERTS, HOOPER,
         WEPRIN,  MONTESANO  -- Multi-Sponsored by -- M. of A. ARROYO, BOYLAND,
         COOK, CRESPO, GOTTFRIED, RAMOS,  ROBINSON,  STEVENSON,  WEISENBERG  --
         read  once  and  referred  to  the  Committee  on Consumer Affairs and
         Protection -- reported and referred  to  the  Committee  on  Codes  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee

       AN ACT to amend the general business law, in relation to  enacting  "the
         truth in lockout and locksmith services act"

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. This act shall be known as "the truth in lockout and  lock-
    2  smith services act".
    3    S 2. The general business law is amended by adding a new section 391-s
    4  to read as follows:
    5    S  391-S.  LOCKOUT AND LOCKSMITH SERVICES. 1.  (A) FOR THE PURPOSES OF
    6  THIS SECTION "LOCKSMITH" MEANS A NATURAL PERSON WHO  PERFORMS  LOCKSMITH
    7  SERVICES AND ACCESS CONTROL SERVICES TO THE PUBLIC.
    8    (B) "LOCKSMITH SERVICES" MEANS:
    9    (I) SERVICING, INSTALLING, REPAIRING, REBUILDING, REKEYING, REPINNING,
   10  ADJUSTING   OR  INSTALLING  LOCKS,  MECHANICAL  OR  ELECTRONIC  SECURITY
   11  DEVICES, SAFES, VAULTS, OR SAFE DEPOSIT BOXES; AND
   12    (II) OPERATING A LOCK, MECHANICAL OR ELECTRONIC SECURITY DEVICE, SAFE,
   13  VAULT, OR SAFE DEPOSIT BOX BY A MEANS OTHER THAN THOSE INTENDED  BY  THE
   14  MANUFACTURER OF SUCH DEVICES.
   15    (C) "LOCKOUT SERVICES" MEANS OFFERING TO OPERATE A LOCK, MECHANICAL OR
   16  ELECTRONIC  SECURITY DEVICE, BY A MEANS OTHER THAN THOSE INTENDED BY THE
   17  MANUFACTURER OF SUCH DEVICES FOR THE PURPOSES OF OBTAINING  ENTRY  TO  A
   18  CONSUMER'S MOTOR VEHICLE OR RESIDENCE.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03103-02-3
       A. 369--A                           2

    1    (D)  "MILEAGE  CHARGE" MEANS ANY CHARGE IMPOSED BY A LOCKSMITH RELATED
    2  TO THE COST OF TRANSPORTATION TO A LOCATION WHERE LOCKSMITH SERVICES ARE
    3  TO BE PROVIDED.
    4    (E)  "TELEPHONE  DIRECTORY"  MEANS A PUBLICATION DISSEMINATED BY PRINT
    5  MEDIA OR THE INTERNET LISTING:
    6    (I) THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF BUSINESSES BY  TYPE,
    7  AND CONTAINING ADVERTISEMENTS PROMOTING THOSE BUSINESSES OR THE PRODUCTS
    8  THEY SELL; AND/OR
    9    (II)  THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF INDIVIDUALS, BUSI-
   10  NESSES AND GOVERNMENT LISTINGS IN ALPHABETICAL ORDER.
   11    2. (A) NO PERSON, FIRM, CORPORATION, ASSOCIATION OR AGENT OR  EMPLOYEE
   12  THEREOF  SHALL MISREPRESENT THE GEOGRAPHICAL LOCATION OF A BUSINESS THAT
   13  DERIVES ANY PORTION OF ITS  GROSS  INCOME  FROM  LOCKSMITH  SERVICES  OR
   14  ARRANGING FOR THE SALE OR PROVISION OF LOCKSMITH SERVICES:
   15    (I)  IN  THE  LISTING  OF THE BUSINESS IN A TELEPHONE DIRECTORY OR THE
   16  DIRECTORY ASSISTANCE DATABASE; OR
   17    (II) IN ANY LISTING, ENTRY OR  ADVERTISING  AVAILABLE  TO  THE  PUBLIC
   18  THROUGH  THE  USE  OF ANY INTERNET DIRECTORY, INTERNET SEARCH ENGINE, OR
   19  OTHER ELECTRONIC MEDIA.
   20    (B) FOR PURPOSES OF  THIS  SUBDIVISION,  A  MISREPRESENTATION  OF  THE
   21  GEOGRAPHICAL LOCATION OF A BUSINESS OCCURS WHEN THE NAME OF THE BUSINESS
   22  INDICATES THAT THE BUSINESS IS LOCATED IN A GEOGRAPHICAL AREA AND:
   23    (I) THE BUSINESS IS NOT LOCATED WITHIN THE GEOGRAPHICAL AREA INDICATED
   24  AND  THE  LISTING  FAILS  TO  IDENTIFY THE MUNICIPALITY AND STATE OF THE
   25  BUSINESS' GEOGRAPHICAL LOCATION; AND
   26    (II) TELEPHONE CALLS TO THE LOCAL TELEPHONE NUMBER LISTED IN THE TELE-
   27  PHONE DIRECTORY ARE FORWARDED OR  TRANSFERRED  TO  A  LOCATION  THAT  IS
   28  OUTSIDE THE CALLING AREA COVERED BY THE TELEPHONE DIRECTORY OR DIRECTORY
   29  ASSISTANCE DATABASE IN WHICH THE NUMBER IS LISTED.
   30    (C)  A PERSON, FIRM, CORPORATION, ASSOCIATION OR AGENT OR EMPLOYEE MAY
   31  PLACE A DIRECTORY LISTING FOR A BUSINESS, THE NAME  OF  WHICH  INDICATES
   32  THAT  IT  IS  LOCATED  IN A GEOGRAPHICAL AREA THAT IS DIFFERENT FROM THE
   33  GEOGRAPHICAL AREA IN WHICH THE BUSINESS  IS  LOCATED  IF  A  CONSPICUOUS
   34  NOTICE IN THE LISTING STATES THE MUNICIPALITY AND STATE OF THE BUSINESS.
   35    (D) THIS SUBDIVISION SHALL NOT APPLY:
   36    (I)  TO  THE  PUBLISHERS  OF  A  TELEPHONE DIRECTORY OR PROVIDERS OF A
   37  DIRECTORY ASSISTANCE SERVICE PROVIDING INFORMATION ABOUT  ANOTHER  BUSI-
   38  NESS;
   39    (II)  TO  ANY  TELEVISION  OR  RADIO  BROADCASTING  STATION  OR TO ANY
   40  PUBLISHER OR PRINTER OF A NEWSPAPER, MAGAZINE OR OTHER FORM  OF  PRINTED
   41  ADVERTISING  PROVIDING  INFORMATION  ABOUT  ANOTHER BUSINESS, WHO BROAD-
   42  CASTS, PUBLISHES, OR PRINTS THE ADVERTISEMENT; OR
   43    (III) TO ANY PUBLISHER OF ANY LISTING, ENTRY OR ADVERTISING  AVAILABLE
   44  TO THE PUBLIC THROUGH THE USE OF ANY INTERNET DIRECTORY, INTERNET SEARCH
   45  ENGINE,  OR  OTHER  ELECTRONIC MEDIA PROVIDING INFORMATION ABOUT ANOTHER
   46  BUSINESS, WHO BROADCASTS OR PUBLISHES THE LISTING, ENTRY  OR  ADVERTISE-
   47  MENT.
   48    3.  NO  PERSON,  FIRM,  CORPORATION,  ASSOCIATION OR AGENT OR EMPLOYEE
   49  THEREOF SHALL PROVIDE AN ESTIMATE FOR LOCKOUT  SERVICES  THAT  DOES  NOT
   50  INCLUDE  ALL  CHARGES, EXCEPT TAXES, WHICH A CONSUMER MUST PAY TO OBTAIN
   51  SUCH SERVICES.  SUCH ESTIMATE MAY BE EXPRESSED AS A  RANGE  BETWEEN  TWO
   52  AMOUNTS,  PROVIDED  THAT SUCH RANGE IS REASONABLE AND DETERMINED IN GOOD
   53  FAITH BASED ON THE INFORMATION PROVIDED BY THE CONSUMER.    ANY  MILEAGE
   54  CHARGE  SHALL  BE  ESTIMATED  BASED  ON  THE  LOCATION WHERE THE LOCKOUT
   55  SERVICES ARE TO TAKE PLACE AND INCLUDED IN THE TOTAL AMOUNT OF ANY ESTI-
   56  MATE PROVIDED TO THE CONSUMER. ANY MINIMUM FEE FOR  A  SERVICE  CALL  OR
       A. 369--A                           3

    1  CHARGE  RELATED  TO  THE TIME OR DAY OF THE WEEK SUCH LOCKSMITH SERVICES
    2  ARE TO BE PROVIDED SHALL BE DISCLOSED TO THE CONSUMER  IN  A  CLEAR  AND
    3  CONSPICUOUS MANNER.
    4    4.    ANY  LOCKSMITH  PROVIDING  LOCKSMITH  SERVICES SHALL PROVIDE THE
    5  CONSUMER WITH A RECEIPT CONTAINING AN ITEMIZATION OF ANY FEES OR  CHARG-
    6  ES,  INCLUDING,  BUT  NOT LIMITED TO, CHARGES FOR PARTS, LABOR, MILEAGE,
    7  AND THE PRICE OF THE SERVICE CALL. SUCH RECEIPT SHALL  ALSO  INCLUDE  AT
    8  LEAST THE FOLLOWING INFORMATION:
    9    (A)  THE  NAME,  ADDRESS  AND  TELEPHONE  NUMBER  OF  THE LOCKSMITH OR
   10  LOCKSMITH'S EMPLOYER; AND
   11    (B) A BRIEF DESCRIPTION OF SERVICES PROVIDED.
   12    5.  ANY LOCKSMITH PROVIDING LOCKOUT SERVICES SHALL PROVIDE THE CONSUM-
   13  ER WITH A RECEIPT CONTAINING AN ITEMIZATION  OF  ANY  FEES  OR  CHARGES,
   14  INCLUDING,  BUT  NOT  LIMITED TO, CHARGES FOR PARTS, LABOR, MILEAGE, AND
   15  THE PRICE OF THE SERVICE CALL. SUCH RECEIPT SHALL ALSO INCLUDE AT  LEAST
   16  THE FOLLOWING INFORMATION:
   17    (A)  THE  NAME,  ADDRESS  AND  TELEPHONE  NUMBER  OF  THE LOCKSMITH OR
   18  LOCKSMITH'S EMPLOYER;
   19    (B) A BRIEF DESCRIPTION OF SERVICES PROVIDED; AND
   20    (C) IF SUCH LOCKOUT SERVICES INVOLVED OBTAINING ENTRY TO A  CONSUMER'S
   21  MOTOR  VEHICLE, THE VEHICLE YEAR, MAKE AND MODEL, VEHICLE IDENTIFICATION
   22  NUMBER (VIN), THE CONSUMER'S DRIVER'S LICENSE NUMBER, AND LICENSE  PLATE
   23  NUMBER.
   24    6. (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN APPLICA-
   25  TION  MAY  BE  MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
   26  THE STATE OF NEW YORK TO A COURT OR JUSTICE  HAVING  JURISDICTION  BY  A
   27  SPECIAL  PROCEEDING  TO  ISSUE  AN  INJUNCTION,  AND  UPON NOTICE TO THE
   28  DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
   29  UANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION  OF
   30  THE  COURT  OR  JUSTICE  THAT  THE DEFENDANT HAS, IN FACT, VIOLATED THIS
   31  SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE,  ENJOINING
   32  AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
   33  PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
   34  PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
   35  PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
   36  HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
   37  TION.  IN  CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY
   38  GENERAL IS AUTHORIZED TO TAKE PROOF AND  MAKE  A  DETERMINATION  OF  THE
   39  RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
   40  TICE LAW AND RULES.
   41    (B) (I) IN EVERY CASE WHERE THE COURT SHALL DETERMINE THAT A VIOLATION
   42  OF  SUBDIVISION TWO OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A
   43  CIVIL PENALTY OF NOT  MORE  THAN  ONE  THOUSAND  DOLLARS  FOR  A  SINGLE
   44  VIOLATION  AND  NOT  MORE THAN TWENTY-FIVE THOUSAND DOLLARS FOR MULTIPLE
   45  VIOLATIONS RESULTING FROM A SINGLE ACT OR INCIDENT.
   46    (II) IN EVERY CASE WHERE THE COURT SHALL DETERMINE THAT A VIOLATION OF
   47  SUBDIVISIONS THREE, FOUR OR FIVE OF THIS SECTION HAS OCCURRED, THE COURT
   48  MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN  ONE  THOUSAND  DOLLARS  FOR
   49  EACH VIOLATION.
   50    (C)  IN  ADDITION TO THE ENFORCEMENT AUTHORITY GRANTED TO THE ATTORNEY
   51  GENERAL, THE DIRECTOR  OF  A  MUNICIPAL  CONSUMER  AFFAIRS  OFFICE,  THE
   52  DISTRICT  ATTORNEY,  TOWN ATTORNEY, COUNTY ATTORNEY, AND THE CORPORATION
   53  COUNSEL, OR OTHER LAWFUL DESIGNEE OF A MUNICIPALITY OR LOCAL  GOVERNMENT
   54  SHALL  HAVE  CONCURRENT AUTHORITY TO SEEK THE RELIEF IN PARAGRAPH (B) OF
   55  THIS SUBDIVISION, AND ALL CIVIL PENALTIES OBTAINED IN  ANY  SUCH  ACTION
   56  SHALL BE RETAINED BY THE MUNICIPALITY OR LOCAL GOVERNMENT.
       A. 369--A                           4

    1    (D)  ANY PERSON WHO SUBCONTRACTS WITH A LOCKSMITH OR ANY PERSON, FIRM,
    2  CORPORATION OR ASSOCIATION PROVIDING LOCKSMITH SERVICES AND  HAS  ACTUAL
    3  KNOWLEDGE THAT THE LOCKSMITH OR PERSON, FIRM, CORPORATION OR ASSOCIATION
    4  IS  ACTING  IN  VIOLATION  OF  THIS  SECTION  SHALL  BE  DEEMED TO BE IN
    5  VIOLATION  OF THIS SECTION, UNLESS SUCH PERSON TAKES REASONABLE MEASURES
    6  TO PREVENT AND CORRECT ANY CONDUCT THAT VIOLATES THIS SECTION.
    7    (E) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT  ANY  RIGHT
    8  WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR THE COMMON LAW.
    9    7.  THE  PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT IN
   10  ANY WAY THE AUTHORITY OF ANY COUNTY, OR OF ANY CITY HAVING A  POPULATION
   11  OF  ONE  MILLION  OR MORE PERSONS, TO ENFORCE LOCAL LAWS AND REGULATIONS
   12  GOVERNING THE LICENSURE, REGISTRATION OR CONDUCT OF  LOCKSMITHS  OR  ANY
   13  PERSON  PROVIDING  LOCKSMITH  SERVICES  IN EFFECT PRIOR TO THE EFFECTIVE
   14  DATE OF THIS SECTION, TO ENACT, IMPLEMENT  AND  ENFORCE  ANY  AMENDMENTS
   15  THERETO AFTER THE EFFECTIVE DATE OF THIS SECTION, OR TO ENACT, IMPLEMENT
   16  AND  ENFORCE  ANY  LOCAL  LAWS AND REGULATIONS RELATING TO LOCKSMITH AND
   17  LOCKOUT SERVICES, EXCEPT TO THE EXTENT THAT SUCH LAWS OR REGULATIONS ARE
   18  INCONSISTENT WITH ANY PROVISION OF THIS SECTION. NO  LAW  OR  REGULATION
   19  SHALL  BE  CONSIDERED  INCONSISTENT  IF  IT PROVIDES CONSUMER PROTECTION
   20  EQUAL TO OR GREATER THAN THE PROVISIONS OF THIS SECTION.
   21    S 3. This act shall take effect on the one hundred twentieth day after
   22  it shall have become a law.
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